NEW DELHI: Noting that fasting activist Sonam Wangchuk is a “free citizen” and not under any detention, Delhi high court Sunday, however, refused his wife’s plea to shift him to a private hospital of their choice, saying govt’s decision to admit him to Safdarjung Hospital can’t be seen as “arbitrary”.Justice Mini Pushkarna, in a special hearing, held that Wangchuk was shifted to Safdarjung due to his deteriorating medical condition, and refused to interfere with his ongoing treatment protocol.HC said it has to consider the “larger picture” while hearing a plea filed by Wangchuk’s wife, Gitanjali J Angmo. She also told PTI that the activist will call off his indefinite hunger strike if political functionaries meet him at Safdarjung and assure him that the issue of education accountability will be raised during the monsoon session of Parliament beginning Monday.On the allegation by petitioners that cops crowd Wangchuk’s room and eavesdrop on private conversations, HC highlighted that he was not in detention and that his wife, brother and brother-in-law had been granted “unprecedented” round the clock access to him, apart from his family being given a separate room.No Bodily Autonomy Violated, Says HCIn the court, senior advocate Kapil Sibal, appearing for the petitioner, submitted they wanted Wangchuk to be shifted to Medanta Hospital. Emphasising that he was not under detention, Sibal questioned if a free individual could be prevented from seeking admission to a hospital of his choice.But HC pointed out since Wangchuk “on his own volition didn’t check into any hospital facility when his health was worsening, the govt was within its right to take action” in view of the division bench order last week stressing that “every life is precious”. Justice Pushkarna further noted that Safdarjung doctors were closely monitoring his health and have only administered oral fluids, “it can’t be said that any force is being used or his bodily autonomy being violated” warranting any interim order at this stage. Issuing notice, HC asked govt to file a fresh status report on his health within three days and listed the matter for hearing on July 24. “It is to be noted that ultimate decision with regard to the medical condition of Sonam Wangchuk would be monitored by the medical team attending him which shall take a decision as per medical protocol,” HC observed.“This court also takes note of the fact that sugar and sodium levels of Sonam Wangchuk are on the lower side. It also takes into account that his potassium levels are dangerously low level on account of which certain treatment was given to him with consent… it notes that the petitioner’s husband was on hunger strike for 1718 days where a division bench of this court passed an order looking at his perilous medical condition,” the court added. Angmo, meanwhile, said at the protest at Jantar Mantar: “Every free citizen of India has right to choose their medical treatment; 30-40 police personnel stationed outside his room and do not allow us to take our phones inside.”Additional solicitor general Chetan Sharma and standing counsel Ashish Dixit submitted that due to compelling circumstances and deteriorating health of the activist, the govt took such a decision. The govt lawyers cited medical reports to contend that his vital parameters were going down but he isn’t cooperating with the doctors. The ASG said that under “prevailing circumstances the govt has to be extra careful. Whatever happens to him will have consequences, govt has to be circumspect and extra cautious.”HC then directed in the order that “needless to state, Sonam Wangchuk will cooperate with doctors in administering medical intervention, if he so chooses”. Angmo’s petition accused hospital authorities of sharing only selective information regarding Wangchuk’s medical condition and preventing any independent assessment of his health.She alleged police had taken “colourable advantage” of the July 16 court order to forcibly remove Wangchuk from the protest site despite there being no medical emergency.The plea questioned the accuracy of the hospital’s medical reports, alleging discrepancies in Wangchuk’s potassium levels.







